25 September 2024
La Commission, c’est moi?
Contrary to cartoonish portrayals of Ursula von der Leyen as a latter-day Caesar, who may be illegitimately presidentialising the Commission, the current Commission President is merely furthering a more centralised vision of the institution that is implicit in the extent of her organisational powers under Article 17(6) TEU. While there are strong legal and constitutionally moral arguments for an alternative, more plural executive understanding of the Commission, the Treaties leave room for a contest between presidentialist and pluralist visions to take place across time in the political arena. Moreover, a more presidential conception of the Commission, while it may raise some questions regarding the mode of election of the Commission President and the role of the Commission, may also possess some positives. Continue reading >>
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07 July 2022
Untying the Ties that (don’t) Bind
In his letter to MEP Daniel Freund of 17 June 2022, European Council President Charles Michel argued that neither he, as President, nor the European Council have the power to exclude democratically unaccountable representatives of a Member State from that institution. But President Michel’s apparent recourse to a literal reading of Article 15(2) TEU – which fails to consider its relationship with other provisions relating to the composition of the European Council – is not convincing. Continue reading >>19 May 2020
The Last Chance Saloon
To all intents and purposes, Orbán and his government have ceased to be democratically accountable either to the Hungarian Parliament or to the citizens of Hungary. The words in that last sentence are chosen carefully and with meaning. This blogpost suggest that Article 10 TEU may provide a basis for the exclusion of Hungarian representatives from the European Council and the Council of the European Union. Continue reading >>
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